Current through Vol. 42, No. 1, September 16, 2024
(a)
Six-month review hearing requirement. Section 1-4-807 of Title 10A
of the Oklahoma Statutes (10A O.S. § 1-4-807) requires the court to review
every case regarding a child alleged or adjudicated deprived no later than six
months after the date of the child's removal from the home and at least once
every six months thereafter until permanency is achieved or the court otherwise
terminates jurisdiction.
(1) At the review
hearing, Oklahoma Department of Human Services (DHS) provides information
similar to that offered at the dispositional hearing, with special emphasis on
the parent or legal guardian's progress on the court-ordered treatment and
service plan.
(2) The court reviews
all evidence that assists in decision-making including, but not limited to,
oral and written reports presented by DHS and others involved in the
case.
(b)
Ninety-day review requirement.Per 10A O.S. § 1-4-807, when
DHS documents a compelling reason why a petition to terminate parental rights
to the child is not in the child's best interests, based upon a consideration
that the child is not presently capable of functioning in a family setting, the
child's status is re-evaluated by the court every 90 calendar days until a
final determination is made that the child cannot be placed in a family
setting.
(c)
Requesting
review hearing and concurrent review and permanency hearings.
(1) At any time during the pendency of the
case, any party may request the court to review the case. When a review is
granted, the requesting party provides notice to all parties of the date and
time of the hearing, per 10A O.S. § 1-4-807.
(2) A review hearing may be held concurrently
with a permanency hearing, per 10A O.S. § 1-4-807.
(d)
Review hearing report.DHS
prepares the review hearing report for the court when the child is in DHS legal
custody or when DHS has court-ordered protective supervision of the child. Per
10A O.S. § 1-4-808, the report includes, but is not limited to:
(1) a summary of the child's physical,
mental, and emotional condition, the conditions existing in the out-of-home
placement where the child has been placed, and the child's
adjustment;
(2) a report on the
child's progress in school and, when the child has been placed outside of the
child's home, the visitation exercised by the child's parents or other persons
authorized by the court;
(3)
services provided to the child 16 years of age or older that assist the child
in the transition from out-of-home care or other community placement to
independent living;
(4) a
description of:
(A) each parent's progress to
correct the conditions or change behaviors that caused the child to be
adjudicated deprived;
(B) changes
that still need to occur and the specific actions the parent must take to make
the changes; and
(C) services and
assistance offered or provided to each parent since the previous hearing and
the services that are needed in the future;
(5) a description of the child's placements:
(A) by number and type with dates of entry
and exit;
(B) reasons for the
placement or change in placement; and
(C) a statement regarding the success or lack
of success of each placement;
(6) DHS efforts to locate and involve each
parent in the planning for the child, when the parent is not currently
communicating with DHS;
(7)
compliance by DHS, as applicable, and each parent with the court's orders
concerning the individualized service plans, previous court orders, and DHS
recommendations;
(8) whether the
current placement is appropriate for the child, its distance from the child's
home and if it is the least restrictive, most family-like placement
available;
(9) a proposed timetable
for the child's return to his or her home or other permanent placement;
and
(10) specific recommendations,
giving reasons whether:
(A) trial
reunification should be approved by the court;
(B) trial reunification should be continued
to a certain date as specified by the court;
(C) the child should remain in, or be placed
outside of the child's parent or legal guardian's home; or
(D) the child should remain in the current
placement when the permanency plan is other than reunification with the child's
parent or legal guardian.
(e)
Notice of hearing.DHS
provides notice of the hearing per Oklahoma Administrative Code
340:75-1-16.1.
Amended at 11 Ok Reg
361, eff 10-15-93 (emergency); Amended at 11 Ok Reg 2267, eff 5-26-94; Amended
at 13 Ok Reg 967, eff 1-24-96 (emergency); Amended at 13 Ok Reg 2199, eff
6-14-96; Amended at 15 Ok Reg 904, eff 12-16-97 (emergency); Amended at 15 Ok
Reg 1661, eff 5-11-98; Amended at 16 Ok Reg 102, eff 10-13-98 (preemptive);
Amended at 16 Ok Reg 1950, eff 6-11-99; Amended at 17 Ok Reg 92, eff 10-1-99
(emergency); Amended at 17 Ok Reg 1311, eff 5-11-00; Amended at 18 Ok Reg 393,
eff 12-8-00 (emergency); Amended at 18 Ok Reg 2128, eff 6-11-01; Amended at 19
Ok Reg 2208, eff 6-27-02; Amended at 20 Ok Reg 90, eff 10-16-02 (emergency);
Amended at 20 Ok Reg 921, eff 5-12-03; Amended at 22 Ok Reg 339, eff 12-7-04
(emergency); Amended at 22 Ok Reg 840, eff 5-12-05; Amended at 25 Ok Reg 269,
eff 11-1-07 (emergency); Amended at 25 Ok Reg 970, eff 5-15-08; Amended at 27
Ok Reg 1092, eff 3-26-10 (emergency); Amended at 27 Ok Reg 1865, eff 7-1-10;
Amended at 30 Ok Reg 839, eff 7-1-13
